701.07
Cooperative economic development agreements.

(A)
The
legislative authority of one or more municipal corporations, by ordinance or
resolution, and the board of township trustees of one or more townships, by
resolution, may enter into a cooperative economic development agreement under
this section. The board of county commissioners of one or more counties may
become a party to a cooperative economic development agreement upon the written
consent of the legislative authority of each municipal corporation and the
board of township trustees of each township that is a party to the agreement.

Before entering into a cooperative economic development
agreement pursuant to this section, the parties to the agreement shall jointly
hold a public hearing concerning the agreement. The parties shall provide to
residents of the territory affected by the agreement at least thirty days'
public notice of the time and place of the public hearing in one or more
newspapers of general circulation in that territory. During the thirty-day
period prior to the public hearing, each party to the agreement, except the
state or any state agency or any person or private entity that becomes a party
to the agreement under division (C)(10) or (F) of this section, shall make
available for public inspection a copy of the proposed agreement.

(B)
A cooperative economic
development agreement may be amended at any time in the same manner as it was
initially authorized. A cooperative economic development agreement shall
designate the territory the agreement covers.

(C)
A cooperative economic development agreement may
provide for any of the following:

(1)
The
provision of joint services and permanent improvements within incorporated or
unincorporated areas;

(2)
The
provision of services and improvements by a municipal corporation in
unincorporated areas;

(3)
The
provision of services and improvements by a county or township within the
territory of a municipal corporation;

(4)
The payment of service fees to a
municipal corporation by a township or county;

(5)
The payment of service fees to a township
or a county by a municipal corporation;

(6)
The issuance of notes and bonds and other
debt obligations by a municipal corporation, county, or township for public
purposes authorized by or under a cooperative economic development agreement
and provision for the allocation of the payment of the principal of, interest
on, and other charges and costs of issuing and servicing the repayment of the
debt;

(7)
The issuance of
industrial development notes, bonds, and debt obligations by a municipal
corporation to finance projects in territory located outside the municipal
corporation but located within the territory covered by a cooperative economic
development agreement and provision for the allocation of the payment of the
principal of, interest on, and other charges and costs of issuing and servicing
the repayment of the debt. To implement division (C)(10) of this section, a
municipal corporation may undertake projects under Chapter 165., 761., or 902.
of the Revised Code even though the project is in territory located outside the
municipal corporation.

(8)
The
territory to be annexed to a municipal corporation when agreed to by the
municipal corporation to which annexation is proposed and the township in which
the territory to be annexed is located;

(9)
Any periods of time during which no
annexations will occur and any areas that will not be annexed during the period
when agreed to by the municipal corporation and township affected by the
annexation moratorium;

(10)
Agreements by a municipal corporation and a township, or by a municipal
corporation and a county, with landowners or developers of land that is to be
annexed, or with both such landowners and land developers, concerning the
provision of public services, facilities, and permanent improvements. Any
person or other private entity described in division (C)(10) of this section
that enters into an agreement with a municipal corporation and a township, or
with a municipal corporation and a county, pursuant to this division shall be
considered to be a party to the agreement.

(11)
The application of tax abatement
statutes within the territory covered by the cooperative economic development
agreement;

(12)
Changing township
boundaries under Chapter 503. of the Revised Code to exclude newly annexed
territory from the original township and providing services to that territory;

(13)
The earmarking by a municipal
corporation for its general revenue fund of a portion of the utility charges it
collects in territory located outside the municipal corporation but located
within the territory covered by a cooperative economic development agreement,
but only if the cooperative economic development agreement does not cover any
matters relating to annexation;

(14)
Payments in lieu of taxes, if any, to be
paid to a township by a municipal corporation. These payments may be in
addition to or in lieu of other payments required by law to be made to the
township by that municipal corporation.

(15)
Any other matter pertaining to the
annexation or development of territory, whether the territory is owned by a
governmental entity or a person or private entity.

As used in division (C)(2) of this section, "improvement"
includes, but is not limited to, sewers, roadways, public utilities, and the
acquisition of land.

(D)
Cooperative economic development agreements shall
not be in derogation of the powers granted to municipal corporations by Article
XVIII, Ohio Constitution, or any other provisions of the Ohio Constitution or
of a municipal charter, nor shall municipal corporations and townships, or
municipal corporations and counties, agree to share proceeds of any tax levy,
although such proceeds may be used to make payments authorized in a cooperative
economic development agreement.

(E)
If any party to a cooperative economic development
agreement believes any other party has failed to perform its part of any
provision of the agreement, including the failure to make any payment of moneys
due under the agreement, the complaining party shall give notice to the other
party clearly stating what breach the complaining party believes has occurred.
The party receiving the notice has ninety days from the receipt of that notice
to cure the breach. If the breach has not been cured within that ninety-day
period, the complaining party may sue for the recovery of the money due under
the agreement, sue for specific enforcement of the agreement, or terminate the
agreement by giving notice of termination to all other parties.

(F)
In order to assist economic development
or to provide appropriate state functions and services to any part of the
state, the state or any state agency may become a party to a cooperative
economic development agreement upon the approval of the governor and the
written consent of the legislative authority or governing board of each
government entity that is a party to the agreement and upon the approval of
each person or private entity described in division (C)(10) of this section
that is party to the agreement.

(G)
A cooperative economic development agreement
entered into under this section is in addition to any other agreements
authorized by law between municipal corporations and counties or between
municipal corporations and townships.

(H)
The powers and authorizations provided for under
this section and under any cooperative economic development agreement entered
into pursuant to this section shall be liberally construed to allow parties to
enter into cooperative economic development agreements and to carry out such an
agreement by providing government improvements and facilities and services, by
promoting and supporting economic development, by creating and preserving
employment opportunities, and by allowing for the sharing by counties and
townships in the benefits of economic development even if the economic
development does not occur in an unincorporated area.